Mississippi public defenders sue to block loss of youth court records access
The Office of the State Public Defender filed a federal civil rights lawsuit Wednesday asking a judge to declare Mississippi’s practice of denying parents’ lawyers access to youth court records unconstitutional and to order immediate access to those files, the filing says.
The complaint argues the change comes just days before a statutory exception to youth court confidentiality expires on July 1 because of an automatic repealer. Youth court proceedings and records would remain confidential, but the separate law that allowed child welfare agencies, courts, providers and lawyers to share information would vanish, the filing says.
Defense attorneys statewide say the loss of the exception will worsen already limited access to records they need to defend clients. “The fact it’s going to go from bad to worse is why we felt we had to file today,” State Public Defender André de Gruy said in a news release accompanying the suit.
Not all counties handle access the same way. Lee County Youth Court Judge Staci Bevill said parent defenders in her court already get access to the case management system and that she issues orders to give outside attorneys access. Bevill, who chairs the Council of Youth Court Judges, said she is working with other judges on a stock order to try to address the lapse, but she said there is no statewide mandate requiring judges to participate.
The lawsuit also warns of broader harms. Mississippi Department of Child Protection Services Commissioner Andrea Sanders warned that youth court proceedings would “grind to a halt,” Mississippi Today reported in May. Jennifer Morgan, parent defense program manager for the public defender’s office, said child protection workers could be barred from sharing information with doctors or service providers and could face criminal liability. The complaint says youth courts already operate with secrecy that can result in life-changing decisions being made behind closed doors.
The suit, filed against the Administrative Office of the Courts, asks for a temporary restraining order and injunction requiring the office to provide counsel for parents with access to youth court records. AOC, which controls the statewide youth court filing and docket system, declined to comment on pending litigation, a representative said. The filing cited a recent Mississippi Supreme Court ruling that returned a parental-rights case to youth court after the high court found lower-court errors, a case the public defender’s office had represented, to illustrate the stakes in access to records.
Source: Original Article
